How to File for Marriage Annulment in the Philippines

A practical, step‑by‑step legal guide (2025 edition)

1. Understanding the Terminology

Remedy	What it attacks	Governing provisions	Result
Declaration of Nullity	A void marriage (never valid from the start). Common grounds: no marriage license, bigamous marriage, absence of authority of the solemnizing officer, psychological incapacity (Art. 36).	Arts. 35, 36, 37, 38, 52–53 Family Code, as amended.	Marriage deemed never to have existed.
Annulment	A voidable marriage (valid until annulled). Grounds require a defect at the time of celebration—e.g., lack of parental consent (ages 18‑21), fraud, force or intimidation, physical incapacity, serious STD.	Arts. 45–46 & 47 Family Code.	Marriage valid until final decree; afterward treated as if it never existed.
Legal Separation	A valid marriage where spouses live apart but remain married (no right to remarry).	Arts. 55–63 Family Code.	Separation of bed & board; property regime dissolved.
Divorce	Not yet available for purely Filipino couples (pending bills as of July 2025).	—	N/A

Tip: Civil (court) annulment is separate from a church annulment (Canon Law). A church decree has no civil effect unless accompanied by a civil court decree.

2. Grounds for Annulment (Voidable Marriages)

Ground (Art. 45)	Who may file / Time limit (Art. 47)	Notes & jurisprudence
Lack of parental consent (either party 18‑21)	Parent/guardian before child turns 21; or child within 5 years after attaining 21.	Consent must be written and notarized.
Either party was of unsound mind	Spouse, guardian, or person with legal interest anytime before death.	Mental incapacity ≠ psychological incapacity (Art. 36).
Fraud (Art. 46)	Injured party within 5 years from discovery.	Includes concealment of conviction of a crime of moral turpitude, pregnancy by another, STDs, etc.
Force, intimidation, or undue influence	Injured party within 5 years from removal of vice.	Actual threat or serious pressure.
Impotence / physical incapacity existing & incurable	Injured party within 5 years after marriage.	Must be medically proven.
Serious sexually‑transmissible disease	Injured party within 5 years after marriage.	E.g., HIV, if existing and unknown at wedding.

3. Grounds for Declaration of Nullity (Void Marriages)

Most Filipino petitions today cite psychological incapacity (Art. 36). Recent landmark: Tan‑Andal v. Andal (G.R. No. 196359, 11 May 2021) liberalized the standard—psychological incapacity is now “a serious personality disorder which makes a spouse incapable (not merely unwilling) to comply with essential marital obligations,” and need not be clinically diagnosed as incurable.*

Other void grounds:

Absence of marriage license (Art. 3(2) & 35).
Bigamous marriage (Art. 35(4)).
Absence of authority of the person who solemnized the marriage (Art. 35(2)).
Incestuous or void by relation (Arts. 37‑38).
Subsequent marriages under Art. 26 ¶2 (one spouse becomes foreigner & validly obtains foreign divorce dissolving marriage in Philippines).

4. Venue & Jurisdiction

Where to file: Regional Trial Court (Family Court) of the province or city
1. where the petitioner resided for the last six (6) months, or
2. where either spouse actually resides (Rule 73, Sec. 2, Rules of Court on Family Cases).
Must be verified and filed through a lawyer; personal appearance is required for testimony.

5. Step‑by‑Step Procedure

Initial consultation & document gathering
- PSA‑issued marriage certificate (security paper).
- Birth certificates of spouses & children.
- Proof of residency, income, and assets.
- Psychological evaluation (if Art. 36).
Drafting & filing the Verified Petition
- Facts, grounds, prayer for: (a) decree of nullity/annulment, (b) custody & support, (c) property partition.
- Attach Judicial Affidavits, psychologist’s report, supporting docs.
- Pay docket & filing fees (₱3,000–₱10,000, varies by court) + sheriff’s fees + publication costs (~₱10,000).
Raffle to a Family Court branch
- Court issues Summons to respondent.
- Court orders publication of case title (once a week for two consecutive weeks in a newspaper of general circulation).
Collusion investigation (Prosecutor)
- City/Provincial Prosecutor files a report certifying absence of collusion.
Pre‑trial conference
- Settlement of issues (custody, support, stipulations).
- Mandatory referral to Mediation (A.M. No. 19‑10‑20‑SC).
Trial proper
- Petitioner’s evidence: psychologist, relatives, friends; offer of exhibits.
- Respondent’s evidence (if any).
- Office of the Solicitor General (OSG) represents the State (defends marriage).
Submission of Memoranda (optional).
Decision
- If granted, the court issues a Decree of Nullity/Annulment.
- If denied, remedies: Motion for Reconsideration → Appeal to the Court of Appeals, possibly Supreme Court.
Finality & Registration
- After 15 days (no appeal), decision becomes final and executory.
- Counsel secures a Certificate of Finality.
- Decree registered with:
  1. Local Civil Registrar (LCR) of the place where the marriage was recorded.
  2. Philippine Statistics Authority (PSA) for annotation.
Post‑decree concerns
- Liquidation of conjugal/absolute community property (Art. 50, 51).
- Delivery of presumptive legitime of common children (if declaration of nullity).
- Issuance of new PSA‑certified records showing “Annulled/Nullified”.
- Right to remarry after registration.

6. Timeline & Cost Estimate

Item	Typical range (PHP)	Timeline
Lawyer’s professional fees	150,000 – 500,000 (can be installment)	Entire case
Court docket & pleading fees	4,000 – 10,000	Filing stage
Sheriff/process server	2,000 – 5,000	Service of summons
Publication (2 weeks)	8,000 – 15,000	After raffle
Psychological assessment	15,000 – 40,000 per party	Pre‑filing
Misc. (copies, transportation)	5,000 – 20,000	Ongoing

Total typical out‑of‑pocket: ₱200k – ₱600k Duration: 18 months – 4 years (average ~2 years). Court congestion, OSG appeals, or uncooperative respondent can extend the period.

7. Effects of the Decree

Status of Children
- Children conceived/born before the annulment remain legitimate (Art. 54).
- In void marriages: if both parties believed in good faith that the marriage was valid, children are legitimate; otherwise, they are still legitimate under Art. 36 ¶2 of the Constitution as clarified by jurisprudence (equity for innocent children).
Property Relations
- Void marriages: Property relations governed by co‑ownership; court orders partition.
- Voidable marriages: Conjugal/absolute community dissolved, liquidation follows Arts. 50‑52.
Succession Rights
- Upon finality, spouses cease to inherit from each other intestate.
Right to Remarry
- Either party may remarry after annotation in PSA records.
Custody & Support
- Courts apply best‑interest‑of‑child standard (A.M. No. 03‑04‑04‑SC).
- Support obligations survive annulment.

8. Common Myths & Practical Tips

Myth	Reality
“I can get an annulment if we’ve been separated for 5/7/10 years.”	No such ground. Long separation alone is not a legal ground.
“A church annulment makes me single again.”	It has no civil effect unless you obtain a civil decree.
“Both spouses must agree.”	The petition may prosper even if the other spouse opposes or is abroad.
“Psychological incapacity requires ‘insanity’.”	Post‑Tan‑Andal, what matters is an incapacity to perform essential obligations, not a clinical label.
“Annulment automatically divides property.”	You still need a separate liquidation proceeding or the liquidation phase before the same court.

9. Frequently Cited Cases & Authorities

Santos v. CA (G.R. No. 112019, 1995) – first to interpret Art. 36.
Republic v. Molina (G.R. No. 108763, 1997) – stringent “Molina Guidelines”.
Ng v. Republic (G.R. No. 182449, 2010) – clarified totality of evidence rule.
Tan‑Andal v. Andal (2021) – modern, flexible standard for psych incapacity.
RA 8533 (1998) – amendment to Art. 26 ¶2 (mixed‑marriage divorce abroad).
The Rule on Declaration of Absolute Nullity of Void Marriages & Annulment of Voidable Marriages (A.M. No. 02‑11‑10‑SC, effective 2003).

10. Checklist Before You File

Hired a lawyer experienced in Family Law.
Collected PSA marriage & birth certificates.
Completed psychological evaluation (if psych incapacity).
Assessed realistic budget & timeline.
Secured funds for publication and court fees.
Identified witnesses (family, friends, counselors).
Prepared property inventories & proof of income.
Understood custody/support obligations.

Final Words

Annulment in the Philippines is procedurally demanding, evidence‑driven, and costly, but entirely navigable with proper preparation. Every case is unique—grounds must tie to specific facts and competent evidence. Engage a reputable lawyer early, keep meticulous records, and remain patient; the Family Court dockets are crowded, but a well‑documented petition coupled with credible testimony greatly improves the chances of a swift, favorable decree.